I was asked on Quora to give a list of my favorite hip-hop songs, because what better source is there than a forty-year-old white dad? (I am literally a mountain climber who plays the electric guitar.) I did grow up in New York City in the 80s, and I do love the music. But ultimately, I’m a tourist in this culture. For a more definitive survey, ask Questlove or someone. These are just songs that I like.
This post is longer and more formal than usual because it was my term paper for a class in the NYU Music Technology Program.
Questions of authorship, ownership and originality surround all forms of music (and, indeed, all creative undertakings.) Nowhere are these questions more acute or more challenging than in digital music, where it is effortless and commonplace to exactly reproduce sonic elements generated by others. Sometimes this copying is relatively uncontroversial, as when a producer uses royalty-free factory sounds from Reason or Ableton Live. Sometimes the copying is legally permissible but artistically dubious, as when one downloads a public-domain Bach or Scott Joplin MIDI file and copies and pastes sections from them into a new composition. Sometimes one may have creative approval but no legal sanction; within the hip-hop community, creative repurposing of copyrighted commercial recordings is a cornerstone of the art form, and the best crate-diggers are revered figures.
Even in purely noncommercial settings untouched by copyright law, issues of authorship and originality continue to vex us. Some electronic musicians feel the need to generate all of their sounds from scratch, out of a sense that using samples is cheating or lazy. Others freely use samples, presets and factory sounds for reasons of expediency, but feel guilt and a weakened sense of authorship. Some electronic musicians view it as a necessity to create their tools from scratch, be they hardware or software. Others feel comfortable using off-the-shelf products but try to avoid common riffs, rhythmic patterns, chord progressions and timbres. Still others gleefully and willfully appropriate and put their “theft” of familiar recordings front and center.
Is a mashup of two pre-existing recordings original? Is a new song based on a sample of an old one original? What about a new song using factory sounds from Reason or Ableton Live? Is a DJ set consisting entirely of other people’s recordings original? Can a bright-line standard for originality or authenticity even exist in the digital realm?
I intend to parse out our varied and conflicting notions of originality, ownership and authorship as they pertain to electronic music. I will examine perspectives from musicians and fans, jurists and journalists, copyright holders and copyright violators. In so doing, I will advance the thesis that complete originality is neither possible nor desirable, in digital music or elsewhere, and that the spread of digital copying and manipulation has done us a service by bringing the issue into stark relief.
DJ Kool Herc describes “Apache” by The Incredible Bongo Band as the national anthem of hip-hop. “Apache” includes a famous drum and percussion break that has reliably put bodies on the dance floor through hip-hop’s prehistory:
Back in 1966, Glenn Gould predicted that recorded music would become an interactive conversation between musician and listener. He described dial twiddling as “an interpretive act.” He was wrong about the dials, but right about the main point, that technology would make listening to music more like making music. Anybody with iTunes instantly becomes a DJ. It doesn’t take much more software than that to produce your own electronica. Some copyright holders and their lawyers are feeling a lot of anguish about this development. For the rest of us, I think it’s an exciting new opportunity, a chance to restore music to its rightful and natural state as shared property, a dynamic conversation anyone can be part of. Continue reading